Legal Opinion

In Re Estate of Graham

Supreme Court of Iowa

Decided December 17, 2004No. 03-1817PublishedCited by 9 opinions

1Opinion of the Court

STREIT, Justice.

This appeal concerns the interpretation of a will executed more than forty years ago. The question presented is whether the 1962 will of John and Helen Graham was a mutual will. We must decide whether the Grahams’ will was in effect a contract to divide up their earthly possessions in equal shares to their three daughters. The district court ruled the will was not mutual. As a consequence, the court found Helen could change her will after her husband’s death without incurring liability to two daughters she disinherited. Because we find the will was mutual, we reverse and…

2Cases cited20 opinions

  1. Barreca v. NickolasSupreme Court of Iowa · 2004
  2. Doyle v. FischerWisconsin Supreme Court · 1924
  3. Jack Lamberg, Individually and as Under the Will of Ruth N. Wood, Also Known as Ruth I. Wood v. Robert J. Callahan, as Under the Will of Ernest WoodCourt of Appeals for the Second Circuit · 1972
  4. Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
  5. Russell v. JohnstonSupreme Court of Iowa · 1982

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3Cited by9 opinions

  1. Otterberg v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 2005
  2. Teamsters Local Union No. 421 v. City of DubuqueSupreme Court of Iowa · 2005
  3. Stewart v. SissonSupreme Court of Iowa · 2006
  4. Estate of Wilbur M. Arnold, William D. Arnold v. Bruce C. Arnold, Individually and as Karen L. Heuer, as Steven C. Arnold, as BCA Farmland Corporation, Arlys L. Arnold, Don R. Arnold, Lance J. Arnold, Mary A. Arnold, and Warren J. ArnoldCourt of Appeals of Iowa · 2019
  5. Ford Motor Credit Company v. McCleodCourt of Appeals of Iowa · 2021

4 more not listed; retrieve them via the Exa API.

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